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Rootabl is a subscription-based software platform that provides tools for course creators and community builders to run and grow their affiliate programs. All services are delivered digitally.
After completing your purchase, you’ll receive immediate access to your Rootabl account via secure login at https://app.rootabl.com. A confirmation email will also be sent to the address used at checkout.
Access is granted instantly upon successful payment or registration for a free trial. There are no physical goods shipped or delivered.
Rootabl operates on a subscription basis. You may cancel your subscription at any time through your account settings. Canceling stops future charges, but does not entitle you to a refund for past payments.
If you encounter any issues accessing your account or using the platform, please contact us at hello@rootabl.com. We aim to respond within 1–2 business days.
This Rootabl SaaS Agreement Terms of Use (“Agreement”) forms a contract between the entity named in a Rootabl Plan (“Client,” “you,” or “your”) and Rootabl Inc. (“Rootabl,” “we,” “our,” or “us”).
The “Rootabl Platform” or “Platform” refers to the proprietary Software-as-a-Service (SaaS) platform offered by Rootabl that allows Clients to build, manage, market, and grow their affiliate campaigns (“Affiliate Campaigns”). Through these Affiliate Campaigns, Affiliates may earn commissions (“Commissions”) from Clients, which Rootabl processes and pays out.
As long as you follow the terms and conditions of this Agreement, Rootabl grants you a non-exclusive, non-transferable right to access and use the Services and the Rootabl Platform during the Term. To use the Platform, you must integrate it with your own technical systems according to the instructions on the Rootabl website. You are fully responsible for this integration, which is required to access the Rootabl Platform. We may update and modify the Platform, provided these changes do not significantly impact its core functionality for you.
The Rootabl Platform enables you to provide information about your Affiliate Programs, including program details, promotional materials, and other relevant terms. All Affiliates must create accounts and accept Rootabl’s Affiliate Terms to access the Platform. You may enter into separate agreements with your Affiliates governing their participation in your programs, but Rootabl is not a party to these agreements and is not responsible for their enforcement. Affiliates may participate in multiple Affiliate Campaigns hosted on the Rootabl Platform, including those not associated with you.
(a) Client User Accounts
Upon your request, Rootabl will:
Issue one or more accounts (“Client User Accounts”) for use by you and your authorized personnel (“Permitted Users”).
Designate one or more Client User Accounts as administrator accounts, allowing you to manage, maintain, and oversee Platform features.
You are responsible for ensuring that Permitted Users only access the Platform through designated Client User Accounts. Sharing accounts is prohibited. You must notify Rootabl of any actual or suspected unauthorized use. Rootabl reserves the right to suspend, deactivate, or replace Client User Accounts if unauthorized use is detected.
(b) Usage Limits
A Rootabl Plan may specify usage limitations, such as Permitted User limits. Your use of the Rootabl Platform must comply with these limits.
All users must create accounts and accept Rootabl’s Code of Conduct to access the Platform. You are responsible for ensuring that Permitted Users comply with these standards.
You are responsible for all activity conducted by your Permitted Users. Any violation of the Code of Conduct by a Permitted User will be considered a breach by you.
You agree not to, and will not allow others to: (a) Alter, modify, create derivative works based on, translate, decompile, or reverse-engineer the Rootabl Platform. (b) Use the Platform to create or benefit any competing or unauthorized products or services. (c) Transfer, distribute, or permit unauthorized access to the Platform. (d) Use the Platform to manage affiliate programs for products or services you do not offer. (e) Engage in unauthorized or unlawful use of the Platform. (f) Violate Rootabl’s Code of Conduct.
We reserve the right to suspend access to the Rootabl Platform under the following conditions: (a) Scheduled maintenance. (b) A Force Majeure event. (c) Violation of this Agreement, including Section 1.5. (d) Emergency security concerns. (e) Compliance with legal or regulatory requirements.
Service level commitments are outlined in the Service Level Agreement.
You retain ownership and intellectual property rights over your data. During the Term, you grant Rootabl the right to access, collect, use, process, store, disclose, and transmit your data to provide and improve the Platform and related services. Any data that cannot be linked to you or your customers may be used to enhance Rootabl’s services.
Rootabl aggregates and anonymizes data from users to derive performance insights (“Usage Data”). This data does not include personally identifiable information and cannot be re-identified. Rootabl owns all Usage Data, which is anonymized per GDPR and CCPA definitions.
You agree to the terms of Rootabl’s Privacy Policy, which governs our collection and use of personal information. The Privacy Policy is available at [Insert URL].
This Rootabl Client SaaS Agreement (“Agreement”) forms a contract between the entity named in an Order Form (“Client”, “you” or “your”) and Rootabl Inc. (“Rootabl”, “we”, “our”, or “us”).
You agree to pay Rootabl for all Commissions earned by Affiliates, which we will collect from you and remit to Affiliates. Commissions will be paid automatically from these funds. Rootabl will not issue any payments to Affiliates until: (i) we have received payment from you, and (ii) the Affiliate’s total earned Commissions exceed $100.00 USD.
If an Affiliate does not reach the $100.00 USD threshold in a given payout period, their Commissions will roll over to the next payout period until they meet the minimum requirement. However, if an Affiliate does not reach the threshold within 12 months, the accumulated funds will be returned to you (the Client).
You will pay Rootabl all fees described in your Order Form (the “Fees”), including the following fees:
(a) Subscription Fee: An annual Subscription Fee set out in the Order Form and due upon execution of this Agreement; and
(b) Commission Fee: (i) an ongoing fee in the amount of a percentage of the Commissions earned by Affiliates.
If the bank withdrawal for commission payouts fails, the following fees will apply:
- $20 for the first failed withdrawal
- $50 for the second failed withdrawal
- $100 for the third failed withdrawal, and Rootabl reserves the right to suspend your account until the issue is resolved.
(a) Subscription Fee: We will invoice you for Subscription Fees on an annual basis as agreed in an Order Form.
(b) Commissions Fees: As part of onboarding and registration following the signature of this Agreement, you agree to provide Rootabl with updated, accurate, and complete billing information, and you hereby authorize us (either directly or through our affiliates) to automatically charge, request, and collect payment (or otherwise charge, refund, or take any other billing actions) from your payment method or designated banking account. You agree to provide further information in relation to any inquiries that we (or our affiliates) may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment. You also agree to provide upon request updated payment details from your credit card company or banking account (for example, updated expiry date or card number as may be provided to us by your credit card company).
Payment processing services for the Rootabl Platform are handled by Stripe, Inc. (“Payment Provider”). You will need to enter into a separate agreement with Stripe through a payment wizard accessed within the Rootabl Platform.
Each party is responsible for paying their own taxes, including sales, use, value added, or any other national, state, or local taxes on net income, capital, gross receipts, or payments, and is responsible for complying with any required tax documentation or obligations. This also applies to customs duties and other similar fees.
You agree that all payments to Affiliates for your Affiliate Program must be processed through Rootabl. Directly paying Referred Affiliates outside of Rootabl is a violation of this Agreement. If you breach this clause, Rootabl reserves the right to:
(a) Remove you from the Rootabl Platform and terminate your access to all services.
(b) Charge a penalty fee equal to 5% of any Commissions paid outside the Platform.
(c) Retain the right to seek legal action if necessary.
This Agreement will remain in effect for the duration specified in the Order Form and will automatically renew for subsequent terms unless terminated as provided below.
You may cancel this Agreement at any time prior to the renewal date through the self-service portal in Stripe. Termination will be effective once your cancellation request has been processed through Stripe.
Upon termination of this Agreement, you will have 15 days to log in to your Rootabl account and save or download your data. After the 15-day period, your account will become inactive, and you will no longer have access to your data.
Rootabl will retain your data for at least 30 days following termination. After that period, we may delete your data unless required by law to retain it longer.
After termination:
You must immediately cease using the Rootabl Platform. Rootabl will issue an invoice for any accrued Fees (including Commissions), which you must pay immediately upon receipt.
You must return any material provided by Rootabl, and both parties must destroy any confidential information shared, except as required by applicable law.
Both parties represent and warrant that they: (i) have the right to enter into this Agreement and that doing so won’t violate any existing responsibilities they have to any third party; and (ii) will comply with applicable laws when fulfilling their responsibilities under this Agreement.
Rootabl warrants that it will use standard industry practices to screen, identify and remove from the Rootabl Platform viruses, Trojan horses, worms, spyware, or other such malicious code (“Malicious Code”). Rootabl is not responsible for any Malicious Code contained in Client data or materials otherwise originating from Client or its Permitted Users.
THE ROOTABL PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, ROOTABL MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY NATURE, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE IN RESPECT OF THE ROOTABL PLATFORM, INCLUDING ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS RESPECTING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ARISING BY STATUTE, OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, ROOTABL DOES NOT WARRANT THAT THE PROVISION OF THE ROOTABL PLATFORM TO CLIENT WILL BE UNINTERRUPTED OR ERROR-FREE.
ROOTABL MAKES THE PLATFORM AVAILABLE TO VARIOUS ENTITIES INCLUDING PARTNERS, CLIENTS AND ADVERTISERS. ALL SUCH ENTITIES ARE INDEPENDENT FROM ROOTABL AND, DESPITE ANY CONTRARY REFERENCE HEREIN, ARE NOT PARTNERS, AGENTS OR EMPLOYEES. ROOTABL IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, CONDITIONS, BREACHES OR NEGLIGENCE OF ANY OTHER ENTITY (INCLUDING PARTNERS OR CLIENTS OR ADVERTISERS) AND SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CHANNEL PROGRAM, CHANNEL PROGRAM AGREEMENT OR ANY OTHER OFFERING OF SUCH ENTITIES.
For the purposes of this Section, “Confidential Information” means information disclosed by one party to the other under or in connection with this Agreement that: (a) is designated by the disclosing party as proprietary or confidential, or (b) should be reasonably understood to be proprietary or confidential due to its nature and the circumstances of its disclosure.
Both parties agree to: (a) keep each other’s Confidential Information confidential and use reasonable efforts to do so; (b) only use the other party’s confidential information as allowed by this Agreement and only share it with their personnel that needs to know such confidential information to carry out the responsibilities under this Agreement.
These confidentiality obligations do not apply to information that the receiving party can demonstrate: (a) is or becomes publicly available through no fault of the receiving party, (b) it knew or possessed prior to receipt under this Agreement without breach of confidentiality obligations, (c) it received from a third party without breach of confidentiality obligations, (d) it independently developed without using the disclosing party’s Confidential Information or (e) that the disclosing party gave its prior written consent for the disclosure of the Confidential Information. The receiving party may disclose Confidential Information if required by applicable law, subpoena or court order, provided (if permitted by applicable law) it notifies the disclosing party in advance and at the disclosing party’s cost, in any commercially reasonable effort to afford disclosing party the opportunity to seek a protective order. Either party may, in addition to other remedies legally available to it, seek equitable relief in case of a breach of confidentiality.
We retain ownership and all intellectual property rights in and to the Rootabl Platform, anything developed or delivered by us or on our behalf under this Agreement, and any modifications thereof. You do not have any rights to the Rootabl Platform, except for the license granted to you in this Agreement. If Client provides Rootabl with any feedback or suggestions, Rootabl shall have a perpetual right to use and incorporate the same at its discretion without any restriction or obligation. We reserve all rights not expressly granted to you under this Agreement.
(a) You agree to indemnify, defend and hold you harmless, Rootabl for any and all claims, demands, suits, actions, causes of action and/or liability, of any kind whatsoever (“Claims”) brought by a third-party for damages, losses, costs and/or expenses (including legal fees and disbursements) (“Losses”) arising from: (i) your data, including your failure to comply with laws applicable to your collection or use of such data; (ii) your breach of warranties, representations under this Agreement; (iii) your breach of Section 1.5; (iv) your violation of the rights of a third party (including privacy and intellectual property rights); or (v) any breach of or failure to perform under any Channel Program Agreement or any misrepresentation made by you or anyone acting on your behalf in connection with any Channel Program Agreement.
(b) If we seek an indemnity by you for a Claim under 9.1(a), we will (i) give you prompt written notice of the claim or action; (ii) cooperate with you (at your expense) in connection with the defense and settlement of such Claim, and (iii) allow you to control the defense and settlement of such Claim; provided that you will not (x) settle such Claim without our prior written consent (which we will not unreasonably withhold or delay), or (y) make an admission of liability on behalf of Rootabl without our prior written consent and further provided that we will be entitled to participate, at our expense, in the defense and settlement or such Claim.
(a) Rootabl will indemnify you, subject to this Section 9.2 for any Claims brought by a third-party relating to an allegation that your use of the Rootabl Platform infringes on their intellectual property rights (an “IP Claim”). This indemnity obligation applies to any Losses that: (i) a court finally awards as a result of any IP Claim; or (ii) are agreed to by Rootabl in any settlement arising from any IP Claim.
(b) Rootabl will indemnify you for an IP Claim in accordance with Section 9.2(a) provided that Rootabl will have full control over the defense of the IP Claim and you: (i) have not made any admission against Rootabl’s interests; (ii) have not agreed to any settlement of any claim or demand without Rootabl’s consent, and (iii) cooperate with Rootabl in the defense of the IP Claim, at Rootabl’s expense.
(c) Notwithstanding anything herein to the contrary, Rootabl will have no obligation or liability to Client under this Section 9.2 if: (i) the IP Claim is based upon, arises out of or is related to (x) the combination of any of the Rootabl Platform with any other software, hardware or products not provided by Rootabl; (y) the use of the Rootabl Platform other than for their intended purpose; or (z) modifications, improvements and derivative works of Rootabl material created by you or on your behalf; (ii) you are in material breach of this Agreement or have failed to pay amounts due hereunder as set forth in Section 3; or (iii) you fail to notify Rootabl of the IP Claim in a prompt manner and the delay results in prejudice to Rootabl.
(d) If any part of the Rootabl Platform become the subject of an IP Claim, we may, at our option and expense, (i) procure for you the right to continue using the Rootabl Platform; (ii) replace or modify the Rootabl Platform with a non-infringing version of materially similar function and performance; or (iii) terminate this Agreement and refund you on a pro rata basis any prepaid and unused Subscription Fees. The obligations of Rootabl set forth in this Section 9.2 constitute the sole and exclusive remedy of Client with respect to any IP Claim.
(a) IN NO EVENT WILL EITHER PARTY BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (i) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, AGGRAVATED, OR PUNITIVE DAMAGES; (ii) INCREASED COSTS, DIMINUTION IN VALUE, OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (iii) LOSS OF GOODWILL OR REPUTATION; (iv) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (v) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER PROVIDER WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.
(b) IN NO EVENT WILL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL SUBSCRIPTION FEES PAID TO ROOTABL UNDER THIS AGREEMENT FOR THE 6-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
(c) The limitations provided for in Section 10(b) will not apply to Claims arising from: (i) any failure of Client to pay any Fees or Commissions; (ii) any breach of Section 1.5 (Restrictions on Use) or (iii) any breach of Section 7. With respect to liability for any breach of Section 2.3 (DPA), same shall not exceed an amount equal to the total subscription fees paid to Rootabl under this Agreement for the 24-month period preceding the event giving rise to the Claim.
(a) Except for actions relating to your failure to pay any invoiced Fees or Commissions (which may be settled through the appropriate court system), the parties agree to resolve any dispute arising out of or relating to this Agreement as set forth in this Section 11.
(b) If a dispute occurs between the parties so that one party is considering legal action against the other party, then notice shall be provided by the party to the other party of such dispute and the parties will endeavor in good faith to resolve such dispute. If the parties’ representatives are unable to resolve the dispute within 5 days of the receipt of such notice, then the parties will escalate the dispute to the immediate supervisors of such representatives, who shall have an additional 10 days to resolve such dispute.
(c) If the dispute is not resolved pursuant to Section 11(b), the parties will refer the dispute to arbitration to be determined in accordance with (i) if the governing law of this Agreement is in the United States, the Commercial Dispute Rules of JAMS/Endispute or American Arbitration Association under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes (“CARASP”), at Rootabl’s discretion. (ii) if the governing law of this Agreement is Canada, the National Arbitration Rules of the ADR Institute of Canada, Inc. Either party may commence the arbitration. The site of the arbitration will be the same as the venue for the governing law.
(d) The arbitration will be conducted in English before a single arbitrator. If the parties do not agree on the arbitrator within 15 days of the referral to arbitration, then the arbitral tribunal will be appointed by the ADR Institute of Canada or pursuant to the procedures set out in the CARASP. The arbitral tribunal will be conducted on an expedited basis and will render its final award and the reasons for the award within 45 days of the conclusion of the hearing, unless such time is reduced or extended by the tribunal after giving the parties an opportunity to be heard. Any award or judgment on an award and any award for interim relief may be entered in any court having jurisdiction and will be final and binding on the parties and will not be subject to appeal. No party is prohibited from seeking interim, interlocutory, or expedited remedies (including the use of arbitration rules providing for emergency measures of protection), in any forum having jurisdiction, including remedies to preserve or protect trademarks, confidential information, copyrights, or trade secrets or for extraordinary relief such as an injunction or eviction. In addition to any other restriction on the tribunal in this Agreement, in no event will the arbitral tribunal award, or have any jurisdiction to award, punitive or exemplary damages against any party. No arbitration award will have an effect of preclusion or collateral estoppel in any other adjudication or arbitration.
Rootabl Services may be subject to U.S. export control and economic sanction laws as administered by the Office of Foreign Assets and Control of the United States Department of Treasury. Each Party shall comply with the export control and economic sanction laws in providing and using the Services. Client will not access or use the Services if Client or any Permitted Users are located in any jurisdiction in which the provision of the Services, software, or other components is prohibited under U.S. or other applicable laws or regulations (a “Prohibited Jurisdiction”). Client represents and warrants that (a) it is not named on any U.S. government list of persons or entities prohibited from receiving U.S. exports, or transacting with any U.S. person; (b) it is not a national of, or a company registered in, any Prohibited Jurisdiction; (c) it will not permit any individuals under its control to access or use the Services in violation of any U.S. or other applicable export embargoes, prohibitions or restrictions; and (d) it will comply with all applicable laws regarding the transmission of technical data exported from the United States and the countries in which it and Permitted Users are located.
The Rootabl Platform might provide links and access to third-party software and services. When you use these third-party services, you must follow the terms set by the third-party provider, which will apply to you. Rootabl doesn’t provide any warranties and has no responsibility to you for these third-party services.
You may not assign this Agreement to any third party without obtaining Rootabl’s prior written consent. You may assign this Agreement in the event of a merger, acquisition, corporate reorganization, or sale of all or substantially all of your assets, provided that you provide Rootabl with prompt written notice of the assignment and the assignee agrees in writing to assume all of your obligations under this Agreement. This Agreement will inure to the benefit of and be binding upon the parties, their permitted successors and permitted assignees.
In all matters relating to this Agreement, you and Rootabl are independent contractors. Nothing in this Agreement creates any association, partnership, joint venture, or relationship of agency or employment between you and Rootabl.
Rootabl may include you in any user or subscriber list and use your name and trademarks for marketing and publicity on our website, in our marketing materials and press releases.
If Rootabl experiences any delays in providing the Rootabl Platform due to errors, defects, or other problems with the information, materials, or instructions given by you, we won’t be responsible for performance of our obligations for the period of the delay. However, you will still be responsible for all applicable Fees incurred during that time.
Other than when it comes to Client’s payment responsibilities, neither of us will be held responsible if we can’t meet our obligations under this Agreement because of something beyond our control, including fires, power outages, extreme weather, labour disputes or government interventions (a “Force Majeure Event”) as long as the party unable to fulfill its obligations notifies the other party promptly and gets back on track as soon as possible. If a Force Majeure Event causes a delay that lasts for 90 days without a solution, either of us may terminate the Agreement without any penalties.
This Section 12.8, your payment obligations in respect of any Fees or Commissions owing, and the following sections of this Agreement will still be in effect even after this Agreement terminates, along with any other provisions that need to continue by law or because of their nature: Section 3(Commissions, Fees and Taxes), Section 4.3 (Effect of Termination), Section 5 (Representations, Warranties and Covenants), Section 6 (Disclaimer), Section 7 (Confidentiality), Section 8 (Rootabl’s Intellectual Property Rights), Section 9 (Indemnities), Section 10 (Liability), Section 11 (Dispute Resolution), and Section 12.9 (Governing Law).
This Agreement will be governed by the laws of below jurisdiction, excluding its choice of law provisions. The parties hereby agree to irrevocably attorn to the exclusive jurisdiction of the courts and venue set forth below, as applicable.
This Agreement shall be construed according to the laws of the County of Cumberland in the State of Maine.
The parties shall provide all notices under the terms of this Agreement by email, registered mail, or personal delivery to the addresses set out below, or such address which either party may notify the other in writing from time to time. All notices are deemed to be received when they are hand delivered, transmitted by email or 5 days following the day sent by registered mail.
Notices to Rootabl
Rootabl Inc.
141 Main St
Freeport, ME 04032
If any part of this Agreement is found to be invalid, illegal or unenforceable by a court of competent jurisdiction, it will not affect the validity, legality or enforceability of the rest of this Agreement. Each provision remains separate, severable and distinct.
A waiver of any part of this Agreement will only be valid if it’s in writing and will only apply to the specific situation and occurrence being waived. If either party doesn’t insist on strict performance of this Agreement or doesn’t enforce any of its rights, it doesn’t mean those rights are waived and they’ll still be in effect and fully in force.
Any single or partial exercise of a right or remedy in this Agreement does not reduce a party’s right to exercise another one in this Agreement or as provided at law or in equity. Except to the extent expressly set out in the Agreement, rights and remedies of the parties are cumulative and not exclusive of any other right or remedy provided at law or in equity.
When computing any time period in this Agreement, the following rules shall apply: (a) the day the time period starts doesn’t count, but the day it ends does; (b) even non-Business Days are included in the calculation, unless the deadline falls on a non-Business Day, then it’s extended to the next Business Day (c) if a deadline falls on a non-Business Day, it gets extended to the next Business Day; and (d) when used in the Agreement, the term “month” means a calendar month and “day” means a calendar day.
The Agreement constitutes the entire agreement between the parties with respect to the subject matter thereof and supersede all prior or contemporaneous agreements, representations or other communications between the parties, whether written or oral. Any terms and conditions appearing on a purchase order or similar document issued by Client: (i) do not apply to the Rootabl Platform; (ii) do not override or form a part of this Agreement (including any Order Form); and (iii) are void.
For purposes of this Agreement, (a) the words “include”, “includes”, and “including” are deemed to be followed by the words “without limitation”; (b) the word “or” is not exclusive; (c) the words “herein”, “hereof”, “hereby”, “hereto”, and “hereunder” refer to this Agreement as a whole; and (d) whenever the singular is used herein, the same includes the plural, and whenever the plural is used herein, the same includes the singular, where appropriate.
Last edited and effective as of November 11, 2025